HomeMy WebLinkAboutItem III
PLAN COMMISSION STAFF REPORT MARCH 19, 2024
ITEM III: PUBLIC HEARING: TEXT AMENDMENTS TO THE ZONING ORDINANCE
GENERAL INFORMATION
Applicant: Department of Community Development
Actions Requested:
The City of Oshkosh Department of Community Development requests review and approval of
amendments to the Oshkosh Zoning Ordinance.
Applicable Ordinance Provisions:
Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its
own motion or on petition after first submitting the proposal to the City Plan Commission, to
amend, supplement or change Zoning District boundaries or regulations of the Zoning
Ordinance.
BACKGROUND INFORMATION
The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1,
2017. Since the adoption of the ordinance, staff has periodically proposed changes to code
sections following further examination of the ordinance and discussion with the public and
developers. Over the past year, Planning staff has noted several revisions that should be made
to improve the zoning ordinance and is proposing the following text amendments.
ANALYSIS
Staff proposes amendments to the following Zoning Ordinance code sections:
Section 30-38 (B) regarding permitted principal uses within the Single Family Residential – 5
District (SR-5)
Remove subsection (9) to remove existing conforming two family uses in SR-5 District.
Previous text amendments related to the housing study resulted in two-family uses being
permitted by right in the SR-5 district. This is to correct an oversight as all two family uses
(two-flat, duplex) are now permitted.
Section 30-39 (B) regarding permitted principal uses within the Single Family Residential – 9
District (SR-9)
Remove subsection (9) to remove existing conforming two family uses in SR-5 District.
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Item III - Text Amendments-Zoning Ordinance
Previous text amendments related to the housing study resulted in two-family uses being
permitted by right in the SR-9 district. This is to correct an oversight as all two family uses
(two-flat, duplex) are now permitted.
Section 30-41(G) regarding Density, Intensity, and Bulk Regulations in the Two Flat Residential
District (TR-10)
Add “For legal Twin Houses and Townhouses on separate lots, the interior side setback
adjacent to the shared lot shall be 0 feet”.
This amendment is intended to correct an oversight as 3-4 unit townhouses are now a
conditional use in the TR-10 district. Allowing 0’ interior side yard setbacks for townhouses
will be consistent with regulations for twin houses and townhouses in other zoning districts.
Section 30-54(G) regarding Density, Intensity, and Bulk Regulations in the Central Mixed Use
District (CMU)
Add “For legal Twin Houses and Townhouses on separate lots, the interior side setback
adjacent to the shared lot shall be 0 feet”.
This amendment is intended to correct an oversight as 3-8-unit townhouses are permitted in the
CMU district. Allowing 0’ interior side yard setbacks for townhouses will be consistent with
regulations for twin houses and townhouses in other zoning districts.
Section 30-172(M) regarding driveway width
The driveway width subsection of 30-172(M) was not appropriately numbered. This
amendment will provide the driveway width subsection with a number (3).
Section 30-172(M) regarding renumbering of the section
Once section 30-172(M)(3) is created, the remainder of the section is being amended so it is
appropriately renumbered.
Section 30-172(M)(3)(a) regarding driveway width allowances on residential lots
The language in this section did not do a decent job explaining the intent of the ordinance. This
amendment is intended to explain the section more clearly for an end user.
Section 30-172(M)(3)(a)(i) regarding improper reference
The language in this section makes reference to another previous section of the ordinance,
however it is inaccurately labeled. This amendment corrects that inaccuracy by revising the
referenced section so it is appropriately labeled.
Section 30-175(Q) regarding bicycle parking standards
Amend subsection (1) to add language that exempts storage land uses.
As storage land uses are primarily vehicle-dependent and typically do not benefit from bicycle
parking, staff recommends making storage land uses exempt from bicycle parking
requirements.
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Item III - Text Amendments-Zoning Ordinance
Section 30-240 regarding exterior building design standards
Add subsection (E) for windows and doors. Add subsection (E)(1) to prohibit boarding of
windows and doors. Add subsection (E)(1)(a) to allow temporary closure.
Code currently prohibits boarding of windows for single and two-family residential uses only.
This amendment is to prohibit boarding of windows for all uses. It also allows for temporary
closure for up to 30 days.
Section 30-241(B) regarding windows and doors for single and two-family uses
Remove subsection (2), including subsection (2)(a), regarding boarding of windows and doors.
This amendment is to remove language regarding boarding of windows and doors specifically
for single and two-family uses as a code section is being created regarding boarding of
windows and doors for all land uses.
Section 30-271(F)(7) regarding off-premise advertising signs
Add section (c) to clarify that a sign which names or identifies a building on site, or a portion
thereof, in a non-branded uniform form (script, size, color) is not considered an off-premise
advertising sign.
This amendment is to clarify that non-branded signs with uniform text are not considered an
off-premise advertising sign.
Staff feel the proposed amendments to the Zoning Ordinance will solve some problems that
have been identified and ultimately strengthen the Code.
RECOMMENDATION
Staff recommends that the Plan Commission recommend approval of the proposed
amendments to the Oshkosh Zoning Ordinance.
Section 30-38: (SR-5) Single Family Residential–5 Zoning District
(B) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(1) Single Family Dwelling Unit
(2) Single Family Living Arrangement
(3) Community Garden
(4) Outdoor Open Space Institutional
(5) Passive Outdoor Recreation
(6) Active Outdoor Recreation
(7) Essential Services
(8) Community Living Arrangement (1-8 residents) meeting the requirements of Section
30-77(G)
(9) Existing conforming two family uses on existing lots of record with 60 feet or more of
lot width and 7,200 square feet of lot area.
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Item III - Text Amendments-Zoning Ordinance
(10)(9) Two-Flat [Created 2.28.23]
(11)(10) Duplex [Created 2.28.23]
Section 30-39: (SR-9) Single Family Residential–9 Zoning District
(B) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(1) Single Family Dwelling Unit
(2) Single Family Living Arrangement
(3) Community Garden
(4) Outdoor Open Space Institutional
(5) Passive Outdoor Recreation
(6) Active Outdoor Recreation
(7) Essential Services
(8) Community Living Arrangement (1-8 residents) meeting the requirements of Section
30-77(G)
(9) Existing conforming two family uses on existing lots of record with 60 feet or more of
lot width and 7,200 square feet of lot area.
(10)(9) Two-Flat [Created 2.28.23]
(11)(10) Duplex [Created 2.28.23]
Section 30-41: (TR-10) Two Flat Residential–10 Zoning District
(G) Density, Intensity, and Bulk Regulations for the (TR-10) Two Flat Residential – 10 District.
[Revised 2.28.23]
Requirement
Minimum Lot Area 7,200 square feet
Maximum Impervious Surface Ratio 50 percent
Minimum Lot Width 30 feet [Revised 2.28.23}
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 40 feet
Minimum Front Setback 25 feet
Minimum Street Side Setback (on corner
lots)
25 feet. May be reduced to 12 feet if Side
Setback is maintained.
Minimum Side Setback 7 ½ feet
Minimum Rear Setback 25 feet
Maximum Principal Building Height Lesser of 35 feet
or 2 ½ stories
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances)
Meet minimum setbacks for principal
structures
Minimum Garage Door Setback to Alley
(if applicable) 10 feet
Minimum Parking Required See Article III
Accessory Buildings: Residential Nonresidential
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Item III - Text Amendments-Zoning Ordinance
Minimum Front Setback
Even with or behind
the principal
structure
60 feet and at least 5
feet behind the
principal structure
Minimum Side Setback 3 feet 10 feet
Minimum Rear Setback 3 feet 25 feet
Maximum Height Lesser of 18 feet or 1
story
Lesser of 18 feet or 1
story
*For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the
shared lot line shall be 0 feet.
Section 30-54: (CMU) Central Mixed Use Zoning District
(G) Density, Intensity, and Bulk Regulations for the (CMU) Central Mixed Use District. [Revised
2.28.23]
Requirement
Minimum Lot Area 1,200 square feet per dwelling unit
Nonresidential: None
Maximum Impervious Surface Ratio None
Minimum Lot Width None
Minimum Lot Depth None
Minimum Lot Frontage at Right-of-Way None
Front Setback Minimum: None
Maximum: 5 feet
Street Side Setback (on corner lots) Minimum: None
Maximum: 5 feet
Minimum Side Setback 0 or 5 feet
Minimum Rear Setback 0 or 5 feet
Maximum Principal Building Height See Section 30-245(A)(5)(c).
Minimum Principal Building Separation 0 or 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) 5 feet
Minimum Garage Door Setback to Alley
(if applicable) 10 feet
Minimum Parking Required See Article III
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least
5 feet behind the
principal structure
Minimum Side Setback 0 or 5 feet 0 or 5 feet
Minimum Rear Setback 0 or 5 feet 0 or 5 feet
Maximum Height Lesser of 18 feet or 1 story 45 feet
*For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared
lot line shall be 0 feet.
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Item III - Text Amendments-Zoning Ordinance
Section 30-172: Vehicle Access Standards
(3) Driveway Width
(a) Driveways shall be a minimum width of 8 feet. Driveways leading to garages are
limited to a maximum width of may not exceed the width of the garage or 36 feet at the lot line
(whichever is less), but may increase to the width of the garage and may extend toward the
nearest side lot line to the side setback for accessory structures established in Article II, not to
exceed 12 feet beyond the width of the garage. See Figure 30-172a or 30-172b. Where no garage
exists, the maximum driveway width shall be 12 feet and shall be situated as not to create only
front yard parking. [Revised 6.11.19][3.26.24]
(i) If an 8-foot driveway width is unattainable, the Director of Community
Development, or designee, may reduce the minimum required driveway width to that
which is deemed functional. This remedy shall only be implemented if the allowances
for small lots of Section 30-172(O)(1)(a)(M)(2)(a) are ineffectual.
(b)(e) Where the width of the driveway exceeds the width of the garage, the driveway
shall be tapered between the widest point of the driveway or the edge of the uncovered
space alongside the garage and the lot line starting a minimum of 5 feet inside the
parcel. See Figure 30-172b. When leading to a legal uncovered space next to the garage,
the driveway width shall be the least possible needed and shall not exceed 36 feet in
width or width of the garage at the property line. [revised 6/11/19]
(c)(f) Driveways for two family uses with adjacent garages are limited to the 36 feet
maximum width or width of the garage at the property line. Each individual driveway
must be separated by a minimum of a 4-foot green area extending the full length from
the property line to the garage/uncovered parking space. See Figure 30-172c. [revised
6/11/19]
(d)(g) The maximum width of circular, horseshoe, and similar type driveways shall not
exceed 12 feet, except for the area of allowable paving in front of the garage. The inside
edge of the arc of the driveway shall be at least 25 feet from the lot line. For driveways
with 2 curb openings, the spacing shall provide a minimum dimension of 50 feet
between the inside driveway edges, measured at the lot line. See Figure 30-172d.
Section 30-175: Off-Street Parking and Traffic Circulation
(A) Bicycle Parking Standards.
(1) Required provision of bicycle parking areas.
(a) For all multi-family, commercial, institutional, and industrial uses, a minimum of
4 bicycle spaces shall be provided. Storage land uses are exempt from bicycle
parking requirements. (Revised 3.26.24)
Section 30-240: In General
(E) Existing Buildings: Windows and Doors. [Revised 3/26/24]
(1) No existing window or door openings on any façade or gable end shall be boarded
up.
(a) Temporary closure shall be permitted for a period not exceeding 30 days to
protect a broken window, secure the property from storm damage, or to prevent
unauthorized access.
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Item III - Text Amendments-Zoning Ordinance
Section 30-241: Single and Two Family Uses
(A) Existing Buildings: Windows and Doors. [Revised 4/24/18][Revised 3.26.24]
(1) Existing window openings on front façade including gables shall not be closed or filled
(totally or partially), except as provided for in Subsection 2., below.
(a) If standard-sized replacement windows cannot fit into an existing window
opening, a 10 percent variation in the height-to-width proportion for
replacement windows is permitted.
(2) No existing window or door openings on any façade or gable end shall be boarded
up.
(a) Temporary closure shall be permitted for a period not exceeding 30 days to protect
a broken window, secure the property from storm damage, or to prevent
unauthorized access.
Section 30-271: Definitions and Rules for Sign Groups, Categories, and Types
(F) Prohibited Signs.
(7) Off-Premise Advertising Sign. A sign which directs attention to a business,
commodity, service, or entertainment conducted, sold, or offered elsewhere than upon
the site where the sign is located.
(a) Off-premise advertising signs include billboards but do not include Institutional
Information Signs.
(b) Existing legal Off-Premise Advertising Signs made nonconforming by this
Section shall be permitted to continue as legal, nonconforming signs, subject to
the requirements of Section 30-312.
(c) A sign which names or identifies the building on site, or a portion thereof, in a
non-branded uniform form (script, size, color) is not considered an off-premise
advertising sign. [Created 3.26.24]
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